Earl of Clancarty: My Lords, depending on the Minister’s response, I intend to divide the House. Concerns about the removal of physical proof of immigration status have been discussed previously in this House, and for good reason. I am indebted to the noble Lord, Lord Oates, for the considerable work he has done on this. I am also grateful to the3million, which has provided a comprehensive briefing for this debate jointly with Hongkongers in Britain and the  Joint Council for the Welfare of Immigrants. I am grateful too to the Anti Trafficking and Labour Exploitation Unit, City Hearts and the Snowdrop Project for their joint briefing.
The significance of this SI, and it is Part 3 with which we are concerned, lies in the fact that the digital-only policy for the immigration status of migrants becomes, in effect, universal. Part 3 of this SI does this by extending digital-only proof of the right to work and rent to almost all migrants, a further 2.5 million non-EU citizens who will be stripped of their ability to use physical biometric cards to prove such rights. This measure will therefore include Ukrainian citizens who have undergone huge difficulties in reaching this country—those lucky enough to have done so—only to face the numerous problems of a digital-only system in proving their status.
Those problems are legion. They have previously been outlined in detail in this House—the key thing here being that the Government should be well aware of them by now, long before any decision to introduce legislation that takes us considerably further down this road. Indeed, this should not be secondary legislation at all because of the fundamental changes concerning proof of status that it contains. There are the concerns of those who are digitally illiterate about the use of the “view and prove” portal, including the frequent unhelpful messages such as “You’re already logged in” and “Service currently unavailable”—there are others—and the fact that attempts to generate a share code result in a system error.
Another problem is the ability of the system to cope properly with multiple applications from an individual, such as a reapplication following an incorrect refusal. That is just one example of many such multiple application errors. In March this year, the3million submitted a report to the independent monitoring authority devoted entirely to the problem of maintaining a digital immigration account. Have the Government seen this document? The new “right to work” and “right to rent” portals are creating similar problems.
These are then expanding concerns, without even touching on the concerns of those who are digitally excluded. An Ofcom review from this year highlighted the fact that older people, the financially vulnerable and those with disabilities are more likely to be affected in this way. Yet the Government have gone ahead with this legislation without any extensive trialling or impact assessment. The one government trial, which was conducted in 2018, concluded:
“There is a clearly identified use need for the physical card at present, and without strong evidence that this need can be mitigated for vulnerable, low-digital skill users, it should be retained.”
One government trial, and that was its conclusion.
Also, clearly there has been no consultation with the anti-trafficking sector, whose briefing for this debate highlights its concern about the potential impact on a large number of vulnerable individuals who are survivors of trafficking and modern slavery and are unable to access the digital-only system on their own. A reliance on support workers to do so removes dignity and independence from survivors; this is a really important point. The sector recommends that the measure is removed and alternatives found. Will the Government consult the sector?
Bearing all this in mind, why did the Government even think of introducing this legislation? The reason given in paragraph 7.8 of the Explanatory Memorandum is that, following our leaving the EU, a small group of non-EU family members stripped of their previously lawful status but most likely eligible for settled status will have unexpired biometric residence cards. Because of this—and because biometric residence permits and frontier worker permits look like BRCs—the Government are getting rid of all of them.
The Explanatory Memorandum claims that there will be a nil or insignificant effect in a number of areas, all of which can be refuted. For instance, there will be a data protection impact as the “view and prove” procedures store transactions against individuals of access to services without there being transparency about this data. There will be an effect on business. A poll commissioned by the3million in 2020 found that employers who participated in the “right to work” trial showed a stronger preference for physical documents than those who had not experienced digital checks.
However, the Explanatory Memorandum is completely silent about the effect on the status holders themselves, which is surely the crucial aspect of this. In 2020, a nationwide survey on the experiences of the EU settlement scheme by Northumbria University found that almost 90% of respondents were unhappy about not having a physical document. These concerns are UK-wide. The Governments of Scotland, Wales and Northern Ireland all wrote to the UK Government twice last year asking for physical proof of status for EU citizens.
The Government’s policy also stands in stark contrast to the rest of Europe. British citizens in the EU protected by the withdrawal agreement have the right to a physical residence document, identical for all member states. Therefore, we are not providing reciprocal proof. Moreover, by virtue of a temporary protection directive, Ukrainian citizens have the right to a physical residence permit.
I am not against a digital system—we live in a digital world—but a digital-only system for immigration status ignores real life, real experience and real people. Like many others’, my Covid vaccinations are all on the NHS app. I was hoping to go abroad this year; I have not yet. Every time my Covid details needed updating, I printed out that page with a QR code—I am sure I am not the only one who does this—which is the crucial part of that data, and put it with my passport in case I could not use my phone at the airport. The3million has made the reasonable suggestion that such a QR code solution could be used for immigration status for EU citizens, and it is hugely disappointing that the Home Office has rejected this proposal without any further engagement with the3million so far, despite the fact that the objections raised have been answered one by one.
On the subject of engagement, in response to a promise the Minister made during the passage of the now Nationality and Borders Act, I gently remind her that I have not yet had a reply to the email I sent her two months ago requesting a meeting on these matters. Can something be sorted out?
Finally, I want to make a point that I believe no one has made yet. By removing the physical document, you are not just taking away something without which there are significant practical problems anyway; that in itself is insensitive. You are also depriving citizens of that piece of card or paper they can hold up and show to anyone that this allows them—a Ukrainian citizen, for instance—the right to be resident in this country, to work here and to find a place to live here. It is the same sense that our own passport gives. That piece of card or paper I am holding in my hand is a fundamental thing—a part of who I am at this moment in time. That is hugely important in itself. To deny that is surely a cruelty, and for that reason alone the Government should revoke this legislation.